| Probable cause affidavit: |
SUBMITTED BY: POLLARD, RANDALL 0677 (AR14-10936) (14-87583) DID UNLAWFULLY HAVE IN HER ACTUAL OR CONSTRUCTIVE POSSESSION A CONTROLLED SUBSTANCE, TO WIT: .7 GRAMS OF METHAMPHETAMINE, IN VIOLATION OF FLORIDA STATE STATUTE 893.13(6)(A); AND DID UNLAWFULLY HAVE IN HER ACTUAL OR CONSTRUCTIVE POSSESSION WITH THE INTENT TO USE, OR DID UNLAWFULLY USE, AN OBJECT INTENDED OR DESIGNED FOR USE IN STORING, CONCEALING OR INJECTING, INGESTING, INHALING OR OTHERWISE INTRODUCING INTO THE HUMAN BODY, A CONTROLLED SUBSTANCE, TO WIT: ONE GLASS SMOKING PIPE, ONE SYRINGE, AND ONE CUT STRAW, IN VIOLATION OF FLORIDA STATE STATUTES 893.145 AND 893.147(1)(B). ON 062614, I WAS CONDUCTING CONVERT SURVEILLANCE IN THE AREA OF TRAILS END ROAD AND EAST BUCK TRAIL. WHILE DOING SO, I OBSERVED A RED HONDA FOUR-DOOR TRAVELING WESTBOUND ON TRAILS END ROAD. I PACED that VEHICLE IN A CALIBRATED UNMARKED UNIT, TRAVELING 52 MILES PER HOUR (MPH) IN A 35 MPH ZONE NEAR THE AREA OF EAST TRAILS END ROAD AND SOUTH WITHLAPOPKA DRIVE. THE VEHICLE THEN PROCEEDED SOUTHBOUND ON EAST TRAILS END ROAD TOWARDS BUSHNELL ROAD WHERE I AGAIN PACED IT DOING 52 MPH IN A 35 MPH ZONE. THAT VEHICLE WAS THEN RELAYED TO DEPUTY SHAFFER WHO WAS IN A MARKED PATROL UNIT. USING THAT PROBABLE CAUSE, DEPUTY SHAFFER CONDUCTED A TRAFFIC STOP ON THE VEHICLE ON EAST BUSHNELL ROAD AND EAST DANIELS ROAD. UPON DOING SO DEPUTY SHAFFER MADE CONTACT WITH THE DRIVER, MR JAMES MAGDA, AND THE PASSENGER, MS KIMBERLY RIPP, AND OBTAINED THEIR FLORIDA IDENTIFICATIONS FROM EACH. AT THAT TIME, I ARRIVED ON SCENE AND WATCHED the PASSENGER SIDE OF THE VEHICLE WHILE DEPUTY SHAFFER CONDUCTED WANTS AND WARRANTS CHECKS ON EACH SUBJECT. WHILE CONDUCTING THOSE SEARCHES ON EACH SUBJECT, K-9 DEPUTY C PHILLIPS ARRIVED ON SCENE, AT which TIME I REQUESTED HE CONDUCT AN EXTERIOR SNIFF ON the VEHICLE WITH HIS CANINE. BEFORE HE DID SO, the FRONT SEAT PASSENGER, MS KIMBERLY RIPP, AND the DRIVER, MR JAMES MAGDA, WERE INSTRUCTED TO KEEP THEIR HANDS WHERE I COULD SEE THEM. WHILE K-9 DEPUTY C PHILLIPS WAS CONDUCTING THE EXTERIOR SNIFF OF the VEHICLE, I HAD TO INSTRUCT MS RIPP THREE TIMES TO KEEP HER HANDS OUT OF HER PURSE. SHE CONTINUED MAKING FURTIVE MOVEMENTS. AFTER CONDUCTING THE EXTERIOR SNIFF, K-9 DEPUTY C PHILLIPS ADVISED ME THAT HIS CANINE HAD ALERTED TO THE ODOR OF NARCOTICS AND THAT A SEARCH MAY BE CONDUCTED. AT THAT TIME, I REQUESTED MS RIPP TO EXIT THE VEHICLE WHERE I CONDUCTED A PAT DOWN ON THE EXTERIOR OF HER CLOTHING FOR WEAPONS, WHICH MET WITH NEGATIVE RESULTS. I THEN WALKED AROUND TO THE DRIVER SIDE, AT which TIME I OBSERVED MR MAGDA HAD A PHYSICAL DISABILITY, MAKING IT HARD FOR HIM TO STAND OR WALK. AT THAT TIME, I ALLOWED MR MAGDA TO STAY IN the VEHICLE WITH HIS HANDS ON the STEERING WHEEL WHERE I COULD SEE THEM. AFTER SEARCHING AROUND MR MAGDA'S PERSON AND FINDING NO CONTRABAND, I THEN RESPONDED BACK TO THE PASSENGER SIDE OF THE VEHICLE. UPON SEARCHING MS RIPP'S PURSE, I LOCATED A SILVER GLITTER PENCIL CASE, WHICH HOUSED A GLASS SMOKING PIPE, WHICH I RECOGNIZED THROUGH MY TRAINING AND EXPERIENCE TO BE USED TO SMOKE METHAMPHETAMINE. ALSO LOCATED IN the PENCIL CASE WAS A USED SYRINGE AND A CUT STRAW. AFTER A FURTHER SEARCH OF THAT PENCIL CASE, A Q-TIP CONTAINER WITH A PLASTIC BAGGIE INSIDE WAS LOCATED, WHICH HAD A CRYSTAL LIKE SUBSTANCE INSIDE OF IT AND A CUT STRAW. I RECOGNIZED THIS SUBSTANCE THROUGH MY TRAINING AND EXPERIENCE TO BE METHAMPHETAMINE. AT THAT TIME A PRESUMPTIVE FIELD TEST WAS DONE ON THE SUBSTANCE, WHICH YIELDED POSITIVE FOR METHAMPHETAMINE. AT THAT TIME, MS RIPP WAS READ HER MIRANDA RIGHTS BY DEPUTY SHAFFER VIA A PREPRINTED MIRANDA CARD AND WAS GIVEN THAT CARD BY DEPUTY SHAFFER TO REVIEW HER RIGHTS. AFTER DOING SO, SHE DID AGREE TO SPEAK WITH THIS DEPUTY. DEFENDANT RIPP DID ADMIT TO THE METHAMPHETAMINE BEING HERS AND STATED SHE IS AN OCCASIONAL USER. SHE STATED SHE BUYS HER METHAMPHETAMINE IN BROOKSVILLE; HOWEVER, SHE DID NOT WISH TO DISCUSS WHO SHE BUYS FROM. THE DEFENDANT WAS THEN PLACED UNDER ARREST, HANDCUFFED (DouBlE LOCKED) BEHIND HER BACK AND PLACED IN THE REAR SEAT OF DEPUTY SHAFFER'S PATROL VEHICLE. DEPUTY SHAFFER, THEN TRANSPORTED THE DEFENDANT TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. THE DRIVER, MR MAGDA, WAS RELEASED ON SCENE WITH A WRITTEN WARNING, NUMBER 352182B, FOR SPEEDING. the DEFENDANT'S BOND WAS SET AT A TOTAL OF $3,500.00, PER THE BOND SCHEDULE. THE METHAMPHETAMINE THAT WAS SEIZED WAS WEIGHED and WEIGHED APPROXIMATELY .7 GRAMS. THE METHAMPHETAMINE AND PARAPHERNALIA WERE TURNED INTO EVIDENCE AT CITRUS COUNTY SHERIFF'S OFFICE OPERATIONS. |
